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New Civil Justice Law in China Starts the New Year Right

By Andy Hoffman

It?s time for our first bit of irony for The New Decade.  While the business and medical lobbies have turned the U.S. civil justice system into an embattled and vulnerable institution, trying to strip victims here of their legal rights, China ? one of the world?s worst human rights abusers ? let alone having a pretty bad record on civil justice ? is now greatly broadening access to civil justice for its citizens.  A new law, which passed muster with the National People?s Congress (NPC) Standing Committee last week, will take effect in July, and cover ?a range of liabilities, including traffic and medical accidents, work-related injuries, pollution, harm caused by pets and mental distress.?   

"That's a breakthrough. It's the first time Chinese laws have such clear stipulations on mental damage compensation," said Wang Shengming, deputy director of the legislative affairs commission of the NPC Standing Committee.

Victims of major traffic accidents and mine disasters can also get the same payouts, regardless of whether they are from urban or rural areas.

People can now demand more than their actual losses if companies continue to make products they know are defective, another first for Chinese legislation, legal experts said.

Yang Lixin, a professor at Renmin University of China in Beijing who helped draft the law, said the rule could be applied for victims of the Sanlu baby formula scandal.

According to the Ministry of Health, at least six babies were killed and more than 300,000 others made ill by baby food tainted with melamine, most of which was made by the Sanlu group.

Take note U.S. Chamber of Commerce and all of your corporate friends, even the Chinese consider the civil justice system a source of national pride that ultimately makes it possible for the the weak and defenseless to sometimes get justice.  Perhaps they were shamed into doing this.  You should be shamed too.

Full post as published by ThePopTort on January 04, 2010 (boomark / email).